Electric Shockers

[webbscatering]

Hi people, i own a business and i am always a logger heads with the electric company due to the fact that their promises of saving me money are shallow if not non existant. But my problem is they have gave the the Human rights letter with a date they want to apply for a warrent to disconnect, not a problem. Now the amount they say I owe is being disputed by me and i want this to go to Fast Track, can this be done???

[jonni2bad]

Why do you want this "to go fast-track"?

 

Can you explain more about the issues?

[webbscatering]

The issue are they use the Disconnection warrents much to their advantage, by using this this method they by-pass all other matters pertaining to the debts. Now the debt is two charges for bailiff calls costing a staggering £500, no bailiff has ever called to my business! its all been done via letters so why should i pay this. I have always paid the bills but i refuse to pay this fee. My contract ran out with them in March 2006 but this debt is blocking all attempts to change suppliers. Fast Track to me is the best place to go with disputes over money matters or is it not.

[jonni2bad]

Well certainly challenge the fees for bailiffs as these seem to be extortionate but, presuming that this would end up in court, seeking to obtain a fast-track case would put you at risk of costs should you lose whereas small claims track would not.

 

The advantage of fast-track is that the other party would be required to provide items under Standard Disclosure, but I don't think this is a must here since you are only seeking to persuade a Judge - on the balance of probability - that £500+ for 2 letters is an unreasonable amount. I wouldn't have thought you would have much trouble doing so....

[webbscatering]

Thanks Johni2bad, how do i go about getting it to small claims, the application for the warrant is 12th December 2006. Its not the first time i have been to court with this company, and the judicial system at this level favours the defendent. Should I turn up and explain or write to the courts? Now every time i have turned up at these hearings the guy applying for the warrent gets really moody with me telling me I have no rights to be here, and has tried to stop me from going into court. I know its my rights to turn up and defend against any warrants they try to get, so far none have been issued. Either im lucky or just tenacious .....may be both

[jonni2bad]

To be perfectly honest Kevin, I have no experience of these events.

 

If you have a court date for this then I would certainly attend and fight them all the way, especially since the matter of debt seems to be "other costs" rather than the use of electricity.

 

If you have received any notification from the court relating to supplying documents in any form of defence, then perhaps a letter for the District Judge would suffice, explaining the position as you see it.

[webbscatering]

That makes sense, maybe a quick call to the courts and see if they can advise, but you have been a great help, Thanks

[webbscatering]

Went to court today and they did NOT issue a warrant for disconnection, because of the dispute but gave me to the 8th January to pay for the electric used. They are unable to refer to small claims as the sitting was to decide a yes or no to warrant issues, but its a moral win for the little guy again!!!!

[Surfer01]

First of all check your meter serial number and make sure that they are billing you on that meter serial number. It is on the actual metering on your premises. Secondly check your original contract to make sure that they charged you at those prcies. If there were any increases you should have been notified in writing. If they have not notified you, the original prcies stand. If they are preventing you changing to another supplier, they cannot increase their prices in the meantime. This would be illegally as basically it amounts to a penalty. The last bit is very important and may help reduce any charges incurred. Before bailiffs disconnect they need to show that you received at least three warning letters including a final demand befroe disconnection. Actually they do not disconnect but rather de-energise by removing the fuse. Hope this helps.

[webbscatering]

Hi Surfer01,

 

Good Info there, will look into this further.

My contract ran out in march 06, there is an amount still to pay but as there is a debt i cant change suppliers because they keep blocking the move is there a way around this

[jonni2bad]

Good work so far - keep at 'em!

[Surfer01]

The only way around it is a "Change of tenancy" i.e. someone else takes over the business then they have to allow it to go. This would also apply if it was a sole trader which now becomes a limited company.

[Movingon]

If this fee is for Bailliff's charges, (is this in respect of a Court Order?) then you should refer the Bailliffs (who are probably not Bailliffs but Debt Collectors) to their client; I don't believe that you are under any contractural or other obligation to pay their fees whatever.

 

As to the bloke trying to intimidate you at the court building itself, it beggars belief!! You are absolutely entitled to defend against a warrant application against you... what kind of justice system would it be if you weren't?! If the bloke tries this again about anything, make sure you explain his actions to the Judge - I'm pretty sure his eyes will bug out of his head on hearing that!